Allen v. Pacheco

I. Introduction

In this wrongful death ease, we address the question of whether the respondent Karen Pacheco is bound by an arbitration provision contained in her deceased husband’s agreement with his health maintenance organization (“HMO”). The court of appeals held that Pacheco was not bound by the arbitration agreement because the agreement does not apply to wrongful death actions filed by a *377member’s non-party spouse. Pacheco v. Allen, 55 P.3d 141, 143-44 (Colo.App.2001). We affirm the court of appeals on different grounds, holding that although the arbitration provision in the HMO contract…